TIP SUBMISSION - ANTIGUA AND BARBUDA

UNCLAS SECTION 01 OF 06 BRIDGETOWN 000162

SIPDIS

SENSITIVE
SIPDIS

STATE FOR G/TIP, G, INL, DRL, PRM, AND WHA/CAR
STATE PASS TO USAID/LAC/CAR-RILEY

E.O. 12958: N/A
TAGS: KCRM ELAB KFRD ASEC KWMN PHUM PREF SMIG BB XL
SUBJECT: TIP SUBMISSION - ANTIGUA AND BARBUDA

REF: STATE 2731


1. (U) Below are Post's responses to questions regarding Antigua
and Barbuda for the annual Trafficking in Persons Report.

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Para 27 - Overview
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2. (SBU)


A. Is the country a country of origin, transit, or destination for
internationally trafficked men, women, or children?

Antigua and Barbuda is a destination point for victims of
Trafficking in Persons (TIP) from the Dominican Republic, Guyana,
and Jamaica.


B. Please provide a general overview of the trafficking situation
in the country and any changes since the last TIP Report (e.g.,
changes in direction).

According to the Director of Gender Affairs, two community activists
from the Dominican Republic, a medical doctor, and several taxi
operators, there are four main brothels that operate in Antigua,
where women from the Dominican Republic are prostituted. In
addition, there are private residences that operate as brothels.
Increasingly, however, English-speaking women from Guyana and
Jamaica are being recruited. According to a UNHCR source, women are
also recruited in the Dominican Republic to work as maids in
Antigua. In almost all of these environments, government sources
and community advocates agreed that it is possible that up 100 cases
could exist within a given year, either on a permanent or rotational
basis, where the women's travel documents are taken and are forced
to pay off their debt to a trafficker. However, there is no
concrete evidence to suggest a specific number.


C. What are limitations on the government's ability to address this
problem in practice?

There is clear recognition and strong will from the Directorate of
Gender Affairs and other GOAB agencies that form the GOAB Anti-TIP
Working Group. However, law enforcement and immigration do not yet
have the appropriate training, funding, and other necessary
mechanisms to follow up on the Working Group's request to
investigate suspected cases of sexual and domestic servitude. There
is widespread public distrust for the Royal Antigua and Barbuda
Police Force and popular perception that it is a corrupt and
inadequate institution. The Commissioner and her deputy were
recently fired and replaced with former Canadian law enforcement
officials to improve the RAPF. Brothels are periodically raided
when the government comes under pressure from church groups. Women
without documentation are deported for immigration violations before
they can have access to services or assist with the prosecution of a
trafficking case.


D. To what extent does the government monitor its anti-trafficking
efforts?

The GOAB Anti-TIP Working Group monitors its anti-trafficking
efforts on a monthly basis, sharing information on suspected
trafficking cases and formulating strategies to address the
problem.

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Para 28 - Prevention
--------------


3. (SBU)


A. Does the government acknowledge that trafficking is a problem in
the country?

Yes, with the exception of some members of immigration and law
enforcement, almost all of the GOAB's government institutions are
aware of the trafficking problem.


B. Which government agencies are involved in anti-trafficking
efforts and which agency, if any, has the lead?

The GOAB formed the National Coalition Against Trafficking in
Persons, which is made up of the Ministries of Social Welfare,
Social Transformation, Health, Labor and Gender Affairs,
Immigration, and the Royal Antigua and Barbuda Police Force as well
as various civil society groups, NGOs, and community activists and
advocates. Each agency is represented by a TIP focal person on a
monthly basis to share information and formulate cooperative efforts

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to address the problem.


C. Are there, or have there been, government-run anti-trafficking
information or education campaigns?

The government has provided education and awareness campaigns in the
form of brochures and radio spots. These campaigns have been
bilingual in many instances to reach the Spanish-speaking population
in Antigua.


D. Does the government support other programs to prevent
trafficking?

No.


E. What is the relationship between government officials, NGOs,
other relevant organizations and other elements of civil society on
the trafficking issue?

The GOAB National Coalition Against Trafficking in Persons appears
very concerned about TIP and works very well with regional and local
NGOs, religious representatives and community advocates to better
organize their efforts and outreach.


F. Does the government monitor immigration and emigration patterns
for evidence of trafficking? Do law enforcement agencies screen for
potential trafficking victims along borders?

Antigua and Barbuda contributes staff and other resources to the
Regional Security Service (RSS),a coalition of top-level police,
customs, immigration, military, and Coast Guard representatives from
across the Caribbean. The GOAB also provided some human and
material resources to assist with the Advanced Passenger Information
System (APIS),which runs background criminal history checks on
travelers before they depart their countries of origin. Through
this region-wide network, law enforcement agencies share
information, which leads to investigations and detainment of
suspected criminals once they arrive at immigration and customs.


G. Is there a mechanism for coordination and communication between
various agencies, internal, international, and multilateral on
trafficking-related matters, such as a multi-agency working group or
a task force? Does the government have a trafficking in persons
working group or a single point of contact? Does the government
have a public corruption task force?

The GOAB formed the National Coalition Against Trafficking in
Persons, which is made up of the Ministries of Social Welfare,
Social Transformation, Health, Labor and Gender Affairs,
Immigration, and the Royal Antigua and Barbuda Police Force as well
as various civil society groups, NGOs, and community activists and
advocates. The Coalition is coordinated by the Directorate of
Gender Affairs, and meets at the end of every month to discuss
suspected cases, formulate strategies to address them, and follow up
with law enforcement to conduct investigations.


H. Does the government have a national plan of action to address
trafficking in persons? If so, which agencies were involved in
developing it? Were NGOs consulted in the process? What steps has
the government taken to disseminate the action plan?

The National Coaltion has a national action plan that focuses on
educating immigrants, the general public, and frontline workers on
human trafficking; establishes a spokesperson to represent the
Coalition; combining outreach and protection efforts with the Gender
Affairs crisis hotline; and creating a legislative review of
anti-TIP laws and statutory instruments in Antigua and Barbuda;
share information and cooperate with law enforcement investigations.
NGOs, religious groups, and community advocates were consulted and
take part in the monthly meetings. The plan is transparent and
shared with any person who assists in anti-TIP efforts.

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Para 29 - Investigations and Prosecutions of Traffickers
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4. (SBU)


A. Does the country have a law specifically prohibiting trafficking
in persons--both for sexual and non-sexual purposes (e.g., forced
labor)? If so, please specifically cite the name of the law and its
date of enactment. Does the law(s) cover both internal and external
(transnational) forms of trafficking? If not, under what other laws
can traffickers be prosecuted?

There are no laws against trafficking in persons. Violators could
be prosecuted under immigration, prostitution, or labor laws. Under

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the Immigration and Passport Act, if an immigration officer suspects
that a person is coming into the country to behave in the manner of
a prostitute the officer has the authority to refuse entry.
Normally, undocumented foreigners are deported immediately.


B. What are the penalties for trafficking people for sexual
exploitation?

There are no specific laws against trafficking people for sexual
exploitation.


C. Punishment of Labor Trafficking Offenses: What are the
prescribed and imposed penalties for trafficking for labor
exploitation, such as forced or bonded labor and involuntary
servitude? Do the government's laws provide for criminal
punishment--i.e., jail time--for labor recruiters in labor source
countries who engage in recruitment of laborers using knowingly
fraudulent or deceptive offers that result in workers being
exploited in the destination country? For employers or labor agents
in labor destination countries who confiscate workers' passports or
travel documents, switch contracts without the worker's consent as a
means to keep the worker in a state of service, or withhold payment
of salaries as means of keeping the worker in a state of service?
If law(s) prescribe criminal punishments for these offenses, what
are the actual punishments imposed on persons convicted of these
offenses?

There are no specific penalties for traffickers of people for labor
exploitation. They could, however, face penalties for immigration
and labor violations. Immigration violations could lead to
deportation of both victim and trafficker.

The constitution prohibits forced or compulsory labor, including by
children, and there were no reports that such practices occurred.

The law stipulates a minimum working age of 16 years, which
corresponds with the provisions of the Education Act. In addition
persons under 18 years of age must have a medical clearance to work
and may not work later than 10 p.m. The Ministry of Labor, which is
required by law to conduct periodic inspections of workplaces,
effectively enforced this law. The labor commissioner's office also
had an inspectorate that investigated exploitive child labor
matters.

The Labor Code provides that the minister of labor may issue orders,
which have the force of law, to establish a minimum wage. The
minimum wage was $2.26 (EC$6.00) an hour for all categories of
labor, which provided a barely adequate standard of living for a
worker and family. In practice the great majority of workers earned
substantially more than the minimum wage.


D. What are the prescribed penalties for rape or forcible sexual
assault? How do they compare to the prescribed and imposed
penalties for crimes of trafficking for commercial sexual
exploitation?

The penalty for rape ranges from 10 years to life imprisonment.


E. Is prostitution legalized or decriminalized? Specifically, are
the activities of the prostitute criminalized? Are the activities
of the brothel owner/operator, clients, pimps, and enforcers
criminalized? Are these laws enforced?

Prostitution is illegal under Antiguan law. Although members of the
National Coalition Against Trafficking request assistance from the
police and immigration, it is not yet a priority for law
enforcement.


F. Has the government prosecuted any cases against traffickers?

No.


G. Is there any information or reports of who is behind the
trafficking? For example, are the traffickers freelance operators,
small crime groups, and/or large international organized crime
syndicates?

Currently, the traffickers are mix between well financed businessmen
from the Dominican Republic and Antiguan citizens acting as pimps
and brothel owners.


H. Does the government actively investigate cases of trafficking?
(Again, the focus should be on trafficking cases versus migrant
smuggling cases.)

The National Coalition focuses on TIP, but most members of law
enforcement and immigration do not. Smuggling cases, which involve

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economic migrants from Jamaica and Haiti, are receiving increased
attention from the government.


I. Does the government provide any specialized training for
government officials in how to recognize, investigate, and prosecute
instances of trafficking?

In February 2008, officials from the Royal Antigua and Barbuda
Police Force took part in a OAS-sponsored seminar and workshop. In
February 2007, the MFA and Immigration Department took part in
International Organization for Migration (IOM) and UN-sponsored
training. None of these trainings were funded by the GOAB.


J. Does the government cooperate with other governments in the
investigation and prosecution of trafficking cases? If possible,
can post provide the number of cooperative international
investigations on trafficking?

The GOAB cooperates with other Caribbean countries via the Gender
Affairs Unit at the CARICOM Secretariat in Georgetown, Guyana. In
2003, Antigua and Guyana cooperated with the Government of Guyana to
assist a minor who was forced into domestic and sexual servitude.
The trafficker was subsequently tried and convicted under the Sex
Offenses Act.


K. Does the government extradite persons who are charged with
trafficking in other countries? If so, can post provide the number
of traffickers extradited? Does the government extradite its own
nationals charged with such offenses?

There have been no requests for extradition.


L. Is there evidence of government involvement in or tolerance of
trafficking, on a local or institutional level?

The Royal Antigua and Barbuda Police Force was forced to change its
leadership based on evidence of corruption and the widespread
distrust and dissatisfaction of the behavior and operations of many
of its officers.


M. If government officials are involved in trafficking, what steps
has the government taken to end such participation? Have any
government officials been prosecuted for involvement in trafficking
or trafficking-related corruption? Have any been convicted? What
sentence(s) was imposed? Please provide specific numbers, if
available.

There is no evidence that government officials are involved in
trafficking. The GOAB fired its Commissioner of Police and her
deputy, and replaced them with former Canadian law enforcement to
improve operations and transparency more generally, but this was not
specifically related to trafficking issues.


N. If the country has an identified child sex tourism problem (as
source or destination),how many foreign pedophiles has the
government prosecuted or deported/extradited to their country of
origin?

There have been no reports of child sex tourism in Antigua.


O. Has the government signed, ratified, and/or taken steps to
implement the following international instruments? Please provide
the date of signature/ratification if appropriate.

a. ILO Convention 182 concerning the Prohibition and Immediate
Action for the Elimination of the Worst Forms of Child Labor:
Ratified September 2002.

b. ILO Convention 29 and 105 on Forced or Compulsory Labor:
Ratified February 1983.

c. The Optional Protocol to the Convention on the Rights of the
Child (CRC) on the Sale of Children, Child Prostitution, and Child
Pornography: Ratified April 30, 2002.

d. The Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children, supplementing the UN
Convention Against Transnational Organized Crime: Not a party to
the Protocol.

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Para 30 - Protection and Assistance to Victims
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5. (SBU)


A. Does the government assist victims, for example, by providing

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temporary to permanent residency status, relief from deportation,
shelter and access to legal, medical and psychological services?

The Directorate of Gender Affairs has recruited Spanish-speaking
volunteers to assist with several cases of suspected abuse of
Dominican Republic nationals. Funding is provided to the Gender
Affairs Directorate to coordinate the work of the Anti-TIP
Coalition, as well as cover multiple services to victims of domestic
abuse, rape, and other forms of violence and exploitation. However,
most victims, if discovered by immigration and/or the police, are
generally arrested or detained for immigration violations and are
expeditiously deported.


B. Does the government provide funding or other forms of support to
foreign or domestic NGOs for services to victims?

Other than general funding for the social services operations of the
Gender Affairs Directorate, the GOAB has not allocated funding
toward anti-TIP specific protection services. However, these social
services can be and have been provided to TIP victims. Other NGOs
provide services such as health screening and assistance in
repatriation.


C. Do the government's law enforcement and social services
personnel have a formal system of identifying victims of trafficking
among high-risk persons with whom they come in contact?

The GOAB does not conduct screening for potential TIP victims. The
Gender Affairs Directorate and the National Coalition Against
Trafficking in Persons is able to identify TIP victims as well as
suspected cases of trafficking, and modifies their efforts
accordingly.


D. Are the rights of victims respected, or are victims treated as
criminals? Are victims detained, jailed, or deported? If detained
or jailed, for how long? Are victims fined? Are victims prosecuted
for violations of other laws, such as those governing immigration or
prostitution?

Victims are treated with compassion and respect by the Gender
Affairs Directorate and affilitated NGOs, community advocates, nd
religious representatives. However, they ar treated as
undocumented criminals by many in th police force and immigration.


E. Does the govrnment encouragevictims to assist in the
investgation and prosecution of trafficking?

No. Victms are generally deported before they can assist i
investigations or prosecutions.


F. What kind of protection is the government able to provide for
victims and witnesses? Does it provide these protections in
practice? What type of shelter or services does the government
provide?

The GOAB and National Coalition members lack the resources to
establish a permanent shelter that could protect and provide
anonymity for victims, due to the size of the country. Therefore,
the Gender Affairs Directorate established "Emergency Safe Havens,"
where the victims' location can be hidden from their victimizers.
This innovative safe haven network consists of locations provided by
businesses, churches, clinics, and individuals.


G. Does the government provide any specialized training for
government officials in recognizing trafficking and in the provision
of assistance to trafficked victims, including the special needs of
trafficked children?

(See answer to question 4-I)


H. Does the government provide assistance, such as medical aid,
shelter, or financial help, to its repatriated nationals who are
victims of trafficking?

Through the GOAB's Directorate of Gender Affairs, victims of
trafficking have benefitted from various legal, health, advocacy,
and crisis services.


I. Which international organizations or NGOs, if any, work with
trafficking victims? What type of services do they provide? What
sort of cooperation do they receive from local authorities? NOTE:
If post reports that a government is incapable of assisting and
protecting TIP victims, then post should explain thoroughly.
Funding, personnel, and training constraints should be noted, if
applicable. Conversely, the lack of political will to address the
problem should be noted as well.


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Organizations that work with trafficking victims are the Caribbean
Conference of Churches, Caribbean International HIV/AIDS Alliance,
Population Services International, and the Red Cross. UNHCR
provides medical assistance and help with repatriation. Cooperaton
from police and immigration needs serious improvement. In addition,
the GOAB should provide increased funding to its Gender Affairs
Directorate and the National Coalition Against Trafficking in
Persons, as both have proven track records as the most effective and
knowledgeable institutions to prevent trafficking, identify cases
and protect victims.

OURISMAN